Council President Scott H. Peters September 9,2008 Honorable Kenneth So Presiding Judge San Diego County Superior Court

The City of San Diego has good preliminary plans to build a park in Fox Canyon. Mayor's Response: The City has a conceptual plan for a potential park on the property proposed for acquisition at the time the plan was developed, but a final approved General Development Plan via City Council Policy 300-33 would be required. The City of San Diego does not own the property titled "Fox Canyon Park". IBA Recommendation: Join the Mayor's Response. ATTACHMENT

Tax increment funds and/or Development Impact Fees could be used to pay for a simple park at Wightman Street. Mayor's Response: The Mayor agrees with this finding. Tax increment funds and/or Development Impact Fees could be used to develop Wightman Street Neighborhood Park as well as other potential park sites in the general vicinity, including the property known as "Fox Canyon." IBA Recommendation: Join the Mayor's Response.

The proposed park appears to be the best use of the vacant land in Fox Canyon. Mayor's Response: The Mayor agrees with the finding. However, it does not appear the entire site know as "Fox Canyon" could be constructed into a "developed" park d?le to the site constraints. The city does not own the property and as such there is no opportunity to develop the site at this time. IBA Recommendation: Join the Mayor's Response. GRAND JURY RECOMMENDATIONS

The proposed FOX Canyon Park and Wightman Street Park would contribute greatly to a park-starved neighborhood. Mayor's Response: The Mayor agrees with this finding. IBA Recommendation: Join the Mayor's Response. Finding 2 The City of San Diego has good preliminary plans to build a park in Fox Canyon. Mayor's Response: The City has a conceptual plan for a potential park on the property proposed for acquisition at the time the plan was developed, but a final approved General Development Plan via City Council Policy 300-33 would be required. The City of San Diego does not own the property titled "Fox Canyon Park". IBA Recommendation: Join the Mayor's Response. ATTACHMENT Finding 3 Tax increment funds and/or Development Impact Fees could be used to pay for a simple park at Wightman Street. Mayor's Response: The Mayor agrees with this finding. Tax increment funds and/or Development Impact Fees could be used to develop Wightman Street Neighborhood Park as well as other potential park sites in the general vicinity, including the property known as "Fox Canyon." IBA Recommendation: Join the Mayor's Response. Finding 4 The proposed park appears to be the best use of the vacant land in Fox Canyon. Mayor's Response: The Mayor agrees with the finding. However, it does not appear the entire site know as "Fox Canyon" could be constructed into a "developed" park d?le to the site constraints. The city does not own the property and as such there is no opportunity to develop the site at this time. IBA Recommendation: Join the Mayor's Response. GRAND JURY RECOMMENDATIONS Recommendation 08-60: Immediately bring the different departments of the City involved in this matter to come to decision, prior to losing the opportunity to use State grant monies whether to purchase the Fox Canyon park tract and begin constructing a park there or return the state grant funds and disencumber the properties. Mayor's Response: This recommendation has been implemented. IBA Recommendation: Join the Mayor's Response. Recommendation 08-61: If tbe decision is to not construct a park on the &I Canyon tract, bring the same departments of the City together to evaluate whether funds are available and should be used to construct a park at Wightman Street. Mayor's Response: Implemented. On March 27,2007 the City Council gave direction to City staff to 1) transfer the funding allocated for Fox Canyon to the Wightman Street Neighborhood Park; and 2) the approval for the Mayor, or his representative, to req,uest a.pproval from the State of California Department of Parks and Recreation to amend the project location of the grant contract to the Wightman Street Neighborhood Park. ATTACHMENT IBA Recommendation: Join the Mayor's Response, and supplement with the following: Over the past year, the City has undertaken a public process to complete the design of the Wightman Street Neighborhood Park, applied for necessary permits, and initiated the environmental review. On July 29,2008, the City made the environmental determination of mitigated negative declaration V D )pu rsuant to the California Environmental Quality Act (CEQA), and stated that an environmental impact report would not be required. In response to the Notice of Right to Appeal Environmental Determination dated July 3 1,2008, the City received an appeal. Prior to the receipt of the appeal, the City intended to resubmit the grant proposal to the State to request the transfer of grant funds to the Wightman Street location in August 2008. If the transfer request is approved, the start of construction in planned for August 2009, with project completion to occur in March 201 0. However, the appeal process is likely to delay this schedule. The City Council will consider the appeal at its meeting of September 16,2008. Recommendation 0862: Decide whether to build a road in Fox Canyon. Mayor's Response: This requires further analysis. Should the City be successful in-acquiring property to build a park at the "Fox Canyon" site, a traffic study will be required to determine if the street is necessary to provide adequate access to the new park. If the traffic study determines that a road is needed, it will be built in conjunction with the site's development of a park. If a road is not needed for access for the park, it will remain in its current status as a paper street only. IBA Recommendation: Join the Mayor's Response. JERRY SANDERS MAYOR August 8,2008 Honorable Kenneth So Presiding Judge San Diego County Superior Court Main Courthouse, Third Floor 220 West Broadway San Diego, CA 92101 Dear Judge So: Subject: 2007-2008 San Diego County Grand Jury Report entitled "Fox Canyon and Wightman Street: A Tale of Two City Parks in Extremis". Pursuant to California Penal Code Section 933.05(a), (b), and (c), The City of San Diego provides the following responses to the findings and recommendations in the above- entitled Grand Jury Report: FACTS & FINDINGS: Facl: The Fox Canyon area south of University Avenue is shorl22 acres ofpark space. Mayor's Response: Based on SANDAG 2007 figures, the Mid-City Community Planning area is deficient 86.70 gross acres and 137.32 useable acres of parkland. However, 11.56 useable acres are either under construction or recently acquired which will reduce the deficit to 125.76. The City does not estimate or allocate park acreage on a neighborhood basis within a Specific Community Planning area. The City did not establish the 22-acre park deficient number for the Fox Canyon neighborhood area. Finding: The proposed Fox Canyon Park and Wightman Street Park would contribute greatly to a park-starved neighborhood. Mayor's Response: The Mayor agrees with this finding. I CITY ADMINISTRATION BUILDING. C STREET. SAN DIEGO. CALIFORNIA Q210? (619) 236.6330 Finding: The City of Sun Diego has good preliminary plans to build a psi-k in Fox Canyon. Mayor's Response: The City has a conceptual plan for a potential park on the property proposed for acquisition at the time the plan was developed, but a final approved General Development Plan via City Council Policy 300-33 would be required. The City of San Diego does not own the property titled "Fox Canyon Park". Finding: Tax increment fui~dsa nd/or Development Impact Fees could be used to pay for a sinzplepurk at Wightmun Street. Mayor's Response: The Mayor agrees with this finding. Tax increment funds and/or Development Impact Fees could be used to develop Wightman Street Neighborhood Park as well as the other potential park sites in the general vicinity, including the property known as "Fox Canyon." Finding: The proposed park appears to be the best use ofthe vacant land in Fox Canyon. Mayor's Response: The Mayor agrees with this finding. However, it does not appear the entire site know as "Fox Canyon" could be constructed into a "developed" park due to the site constraints. The city does not own the property and as such there is no opportunity to develop the site at this time. RECOMMENDATIONS: 08-60: Immediately bring the dflerent departments ofthe City involved in zhis matter together to come to a decision, prior to losing the opportunity to use State grant monies whether to purchase the Fox Canyon park tract and begin constructing a park there or return the state grant funds and disencumber the properties. Mayor's Response: This recommendation has been implemented. 08-61 : Ifthe decision is to not construct a park on the Fox Canyon tract, bring these sume departments of the City together to evaluate whether funds are available and should be used to construct apark at Wightman Street. Mayor's Response: Implemented. On March 27,2007 the City Council gave direction to City staff to 1) transfer the funding allocated for Fox Canyon to the Wightman Street Neighborhood Park; and 2) the approval for the Mayor, or his representative, to request approval from the State of California Department of Parks and Recreation to amend the project location of the grant contract to the Wightman Street Neighborhood Park. 08-62: Decide whether to build a road in Fox Canyon. Mayor's Response: This requires further analysis. Should the City be successful in acquiring property to build a park at the "Fox Canyon" site, a traffic study will be required to determine if the street is necessary to provide adequate access to the new park. If the traffic study determines that a road is needed, it will be built in conjunction with the site's development of a park. If a road is not needed for access for the park, it will remain in its current status as a paper street only. Please contact Stacey LoMedico, Director, Park and Recreation Department at (619) 236- 6643 if you have additional questions. Mayor cc: San Diego County Grand Jury Chief Operating Officer San Diego City Council Deputy Chief, Community Services Park and Recreation Director City Clerk Administration Department Director DATE OF FINAL PASSAGE SEP 0 2 2008 . APPROVING THE CITY COUNCIL'S RESPONSE TO THE 2007-2008 SAN DEGO COUNTY GRAND JURY REPORT ENTITLED "FOX CANYON AND WIGHTMAN STREET: A TALE OF TWO CITY PARKS IN EXTREMIS." WHEREAS, on May 15,2008 the 2007-2008 San Diego County Grand Jury [Grand Jury] filed a report titled "Fox Canyon and Wightman Street: A Tale of Two City Parks in Extremism [Report] that requested a response from the Mayor and City Council; and WHEREAS, under California Penal Code section 933(c), within 90 days after the filing of the report, each public agency which the Grand Jury reviewed, and about which it issued the Report, must comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency; and WHEREAS, due to the City Council's legislative calendar, the Presiding Judge of the San. Diego Superior Court granted a request for an extension of time to submit the City Council's response to the Report to September 12,2008; and WHEREAS, the Grand Jury requested that the Mayor and City Council respond to each of the findings and recorninendations in the Report; and WHEREAS, the Office of the Independent Budget Analyst has proposed a response to the Report as set forth in IBA Report No, 08-88 dated August 19,2008, for the City Council's consideration; and WHEREAS, under Charter section 280(a)(l) this resolution is not subject to veto by the Mayor because this matter is exclusively within the purview of the City Council and not affecting the administrative service of the City under thc control of the Mayor; NOW, THEREFORE. RE 1T RESOLVED, by the City Council of the City of San Diego, that the Council approves and adopts as its own the response to the to the 2007-2008 San Diego County Grand Jury Report filed May 15,2008, and titled "Fox Canyon and Wightnlan Street: A Tale of Two City Parlcs in Extremis," as set forth in IBA Report No. 08438 dated August 19, 2008. BE IT FURTHER RESOLVED, that the Council President is authorized and directed, on behalf of the San Diego City Co~~nctiol ,c xecute and deliver the above-described response to the Presiding Judge of the San Diego County Superior Court no later than September 12,2008. APPROVED: MICHAEL J. AGUIRRE, City Attorney BY Chief Depu.ly City Attorney